Letter: Brooktrails residents should understand consequences

Recent articles in both local papers refer to resolutions passed by the Brooktrails Board of Directors concerning their waste water contractual arrangements with the City of Willits. I would encourage the residents of Brooktrails to take an active interest in this dispute as substantial amounts of their monies are being expended and liabilities may be mounting,

The City has spent in excess of $600,000 defending itself in this dispute to date and Brooktrails rate payers should be asking how much their Board has spent as well.

The lawsuit originated with a claim that the City purchased property for a plant remodel without prior notification to Brooktrails. The price of the property was $750,000 and Brooktrails obligation was about $280,000. This property provides the needed space for the new footprint of the plant as well as providing suitable "upland" mitigation acreage to offset impacts of the new construction. The city had a need to mitigate 35+/- acres of wetland impacts. To put in perspective, Cal Trans is being required to mitigate about 45 acres of wetland impacts and their price tag so far in excess of $50 million and counting. Brooktrails contends obligations of the contract were violated and therefore they have no responsibility to pay and in fact have not paid a cent since the 2004 purchase.

The plant project has been completed, within budget, on time and with loans at 2 percent and $3 million in grants. Brooktrails obligations to contribute 37.69% of these capital costs were well documented and supported by Brooktrails throughout the design and construction process and were only brought into conflict far into the project. Additionally, both communities went through the necessary Prop 218 rate setting process which allowed for fee increases to pay these obligations.

Needless to say, there are hundreds of pages of minute detail as this lawsuit enters its fourth year and as with any contract, in the hand of an attorney, controversy can be manufactured. If it is the goal of Brooktrails residents to spend their taxes in this manner, I can assure you, you are being well represented.

Over the course of this controversy, I and the City have remained essentially quiet on this issue, not resorting to the media to gather favor or foe, however the representations in these resolutions, and other published sources, requires someone cast a response so the Brooktrails residents fairly understand the actions and consequences of their District.

One resolution states that Brooktrails paid Willits $3.6 million. Brooktrails has agreed to make payments on a USDA note for that amount, they did not write a check. There is an $8.3 million note (for phase 3 construction) which Brooktrails contends it has no obligation to pay because it did not sign the "fifth amendment," among other arguments, even though it is collecting monies which were to be used to pay that obligation. It appears rather they are using those monies in litigation. This item is a major stumbling block as the city rate payers are reluctant to backfill an obligation which Brooktrails repeatedly acknowledged over the course of many years, until the payments came due.

The subject of waste water, or other daily services cities and districts provide are not particularly engaging topics. Skate parks, trails and such are more interesting for most folks, however, if Brooktrails errs in their judgment of a court resolution in this manner, it will cost the ratepayers well in excess of a million dollars to get current on their existing obligations and then pay these notes and operations forward.